,

ChanRobles Virtual Law Library






CHANROBLES VIRTUAL LAW LIBRARY



Chan Robles Virtual Law Library


Bookmark and Share




 
This web page features the full text of
A. M. NO. 99-8-01-SC.
A. M. NO. 99-8-01-SC
RESOLUTION PROVIDING FOR OTHER SOURCES
OF THE JUDICIARY DEVELOPMENT FUND

        WHEREAS, Presidential Decree No. 1949 promulgated on 18 July 1984, established the Judiciary Development Fund "for the benefit of the members and personnel of the Judiciary to help ensure and guarantee the independence of the Judiciary as mandated by the Constitution and public policy and required by the impartial administration of justice," and to "safeguard the integrity of its members;"   

        WHEREAS, Section 1 of the Decree  provides that the "Fund  shall be derived from, among others, the increase in the legal fees prescribed in the amendments to Rule 141 of the Rules of Court to be promulgateed by the Supreme Court;"   

      WHEREAS, the phrase "among others" in Section I of the Decree logically refers to such sources as may be prescribed or defined by the Supreme Court, having in view the purpose for which the Judiciary Development fund is established, i.e., "to help ensure and guarantee the independence of theJudiciary" and the constitutional mandate that the "Judiciary shall enjoy fiscal autonomy" (Sec. 3, Art. VIII, Constitution);   

        WHEREAS, the Court's authority to determine, fix and prescribe such other sources of the Judiciary Development Fund is affirmed in the third WHEREAS  clause of Presidential Decree No. 1949 that "the Judiciary, in the discharge of its functions and duties, can generate its own funds and resources to help augment its budgetary requirements and ensure the uplift of its members and personnel." (Italics supplied for emphasis);   

       WHEREAS, considering the greatly increased cost of living, the devaluation of the peso and inflation, on the one hand, and the urgent need to attract more qualified lawyers and individuals to the Judiciary Development Fund by (a) increasing the docket and other fees prescribed in Rule 141 of the Rules of Court, wih due regard to the constitutional guarantee that free access to the courts shall not be denied to any person by reason of poverty (Sec. 11, Article III, Constitution), and (b) determining, fixing and prescribing other sources of the Judiciary Development Fund;   

        NOW, THEREFORE, in order to augment the Judiciary Dvelopment Fund created by P. D. No. 1949, The Supreme Court hereby RESOLVES  
 

    1.  To (a) increase the docket and other fees presently prescribed in Rule 141 of the Rules of Court, and (b) prescribe and impose docket fees on estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been, or would be, separately prosecuted; motions for postponement after the completion of the pre-trial stage;  applications for notarial commissions;  bonds by sureties in criminal and civil cases;  application for an entries of certificates of sale and final deeds of sale in extrajudicial foreclosures or mortgages;  and applications for and certificates of sale in notarial foreclosures.  For this purpose, the Office of the Court Administrator shall submit for the approval of the Court the appropriate recommendation thereon not later than 15 October 1999;   

    2.  To DECLARE as part of the Judiciary Development Fund the following:   
          
              (a)  Incomes derived by the Judiciary from;   
     

           (1)  Sales of 
     
        (aa) reports (of Division of the Supreme Court, Court of Appeals, Sandiganbayan), books, periodicals, pamphlets or the like, printed by the Supreme Court, Court of Appeals, or Sandiganbayan or as the case may be;   
               
        (bb)  unserviceable equipment and pieces of furniture (such as vehicles, computers, typewriter, chairs, tables, etc.);   
              
        (cc)  disposable records or papers; and 
     
           (2)  The pursuit or operation of transportation facilities for members and personnel of the Judiciary offered             by the Supreme Court, Court of Appeals, the Sandiganbayan, or the lower courts; 
         (3)  The grant of concessions to operate canteens or to provide other services; and   

         (4)  Rentals of facilties.   
     

      (b)  Fees collected from Bar candidates, or participants of seminars/workshops or conferences offered or conducted by the Court.   

      (c)  Fees now authorized to be paid or collected by sheriffs, such as sheriff's commissions.   
       
      (d)  Interests on deposits of its income.   
       
      (e)  Interests on deposits of money paid to or deposited with clerks of courts or other accountable officials of courts for any purpose, such as for interpleader, consignation, etc., which have been, or to be treated as trust fund or special fund.   

      (f)  Confiscated cash bonds, satisfaction of judgments against bonds, and proceeds from the public sale of confiscated property bonds, in both civil and criminal cases where such bonds were posted.cralaw

              This Resolution shall not bar the future determination of other sources of the Judiciary Development Fund.   

        This Resolution shall take effect on 1 November 1999 and shall be published in two newspaper of general circulation in the Philippines.   

            Let copies of this Resolution be furnished the Office of the President, the Senate President, the Speaker of the House Representatives, and the Secretaries of the Department of Budget and Management, Department of Finance  and the Department of Justice.   
      
              Promulgated this 14th day September 1999.   

 
 

(Sgd.)
HILARIO G. DAVIDE, Jr.
Chief Justice
(Sgd.)
JOSUE N. BELLOSILLO
Associate Justice
(Sgd.)
JOSE A.R. MELO
Associate Justice
(Sgd.)
REYNATO S. PUNO
Associate Justice
(Sgd.)
JOSE C. VITUG
Associate Justice
(Sgd.)
SANTIAGO M. KAPUNAN
Associate Justice
(Sgd.)
VICENTE V. MENDOZA
Associate Justice
(Sgd.)
ARTEMIO V. PANGANIBAN
Associate Justice
(Sgd.)
LEONARDO A. QUISUMBING
Associate Justice
(Sgd.)
FIDEL P. PURISIMA
Associate Justice
(Sgd.)
BERNARDO P. PARDO
Associate Justice
(Sgd.)
ARTURO B. BUENA
Associate Justice
(Sgd.)
MINERVA P. GONZAGA-REYES
Associate Justice
(Sgd.)
CONSUELO YNARES-SANTIAGO
Associate Justice
         
 chanroblesvirtualawlibrary


 
Back to Top   -  Back to Home   -  Back to Main Index